SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1987 Supreme(All) 403

R.M.SAHAI, S.K.MUKHERJEE
DAYA SHANKER – Appellant
Versus
CHIEF OF THE AIR STAFF, NEW DELHI – Respondent


Advocates Appeared:
Rajesh Ji Varma

R. M. SAHAI, J.

( 1 ) CAN a person residing in a State invoke extraordinary jurisdiction under Art. 226 against an authority or government situated outside the State in respect of an order made or action taken by such government or authority outside the territorial limits of the High Court ? Put it differently, whether cause of action wholly or in part arises within meaning of Cl. (2) of Art. 226 in the State where petitioner resides ?

( 2 ) FOR this it is necessary to narrate in brief the circumstances in which Cl. (2) was added in Art. 226 by Constitution (Fifteenth Amendment) Act, 1963, Art. 226 (1) as it originally stood read as under :"notwithstanding anything in Art. 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders, or writs, including (writ in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose ). It was drastically amended by Forty Second Amendment, 197







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top